SET(M) ILR to Naturalisation Query

bookerw100 · Post by **bookerw100** » Mon Nov 20, 2023 10:22 am

Hi spouse has just received ILR approval email today. Couple of queries for naturalisation process:

1) Since the sponsoring spouse is British citizen , the applicant can now look to apply BC immediately? - is there a minimum waiting period, ie. from when BRP is received?

2) Can the applicant temporarily leave the country for holiday etc when the application for naturalisation has already been submitted? Also do they keep applicant's passport whilst processing the application?

links · Post by **meself2** » Mon Nov 20, 2023 10:27 am

1) there's no one year waiting period; I suspect they would want to see evidence of ILR in the application, so best to wait till BRP is in hand, but im not sure.

2) they can leave, passport stays with the applicant.

Post by **alterhase58** » Mon Nov 20, 2023 10:37 am

1) as spouse of a BC you can apply now, subject to receiving your BRP and satisfying all requirements. Refer to the official guidance: https://www.gov.uk/government/publicati ... n-guidance
2) Travel is fine, ensure you are around for the biometrics appointment, otherwise no issue. Note, naturalisation is not part of immigration and different requirements apply (based on the British Nationality Act). Unfortunately many applicants don't appreciate the difference, hence we get daily questions on this.

bookerw100 · Post by **bookerw100** » Mon Nov 20, 2023 5:05 pm

thanks both.

Interesting requirement to be present in the UK exactly 3 years to the day UKVI receive application.

I am guessing that's referring to the date when you submit online and not biometrics?

Post by **contorted_svy** » Mon Nov 20, 2023 5:08 pm

Yes, it's for the application date, eg if you apply on the 1 February 2024 you had to be in the UK on the 2 February 2021 (not the 1).

Post by **alterhase58** » Mon Nov 20, 2023 5:51 pm

It’s a requirement laid down in the British Nationality Act 1981. The basis of your application, different from immigration.

bookerw100 · Post by **bookerw100** » Tue Nov 21, 2023 3:35 pm

thanks. In the question below, are they referring to ILR or spouse visa or both?

Your previous visa

Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? (Yes/No) If Yes,
Tell us the previous visa, entry clearance or leave to remain you had

Post by **CR001** » Tue Nov 21, 2023 3:42 pm

bookerw100 wrote: ↑
Tue Nov 21, 2023 3:35 pm
thanks. In the question below, are they referring to ILR or spouse visa or both?

Your previous visa

Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? (Yes/No) If Yes,
Tell us the previous visa, entry clearance or leave to remain you had

The applicant only, not the british spouse

bookerw100 · Post by **bookerw100** » Tue Nov 21, 2023 4:07 pm

CR001 wrote: ↑
Tue Nov 21, 2023 3:42 pm

bookerw100 wrote: ↑
Tue Nov 21, 2023 3:35 pm
thanks. In the question below, are they referring to ILR or spouse visa or both?

Your previous visa

Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? (Yes/No) If Yes,
Tell us the previous visa, entry clearance or leave to remain you had
The applicant only, not the british spouse

perhaps I could have been clearer. I meant to ask when they ask this question from the applicant that "tell us the previous visa, entry clearance or leave to remain you had" Shall the applicant say say FLR(M) or ILR or both?

Post by **CR001** » Tue Nov 21, 2023 4:07 pm

All applications made up to and including ilr.

I misread, apologies

bookerw100 · Post by **bookerw100** » Tue Nov 21, 2023 4:54 pm

thanks.
1) Separately they ask about previous application for the UK. Prior to spouse visa and subsequent applications, the applicant came over to the UK as a student in Sep 2015 to Jan 2017 and as a tourist in early 2018. Do these need to be mentioned as we don't necessarily have all details about reference numbers for these two applications

2) also there is a question in the employment section "Tax office reference number" I presume this is the same as 'PAYE Reference' in the payslip?

Post by **contorted_svy** » Tue Nov 21, 2023 5:09 pm

bookerw100 wrote: ↑
Tue Nov 21, 2023 4:54 pm
thanks.
1) Separately they ask about previous application for the UK. Prior to spouse visa and subsequent applications, the applicant came over to the UK as a student in Sep 2015 to Jan 2017 and as a tourist in early 2018. Do these need to be mentioned as we don't necessarily have all details about reference numbers for these two applications if they were immigration applications mention them and add all te detail you remember.

2) also there is a question in the employment section "Tax office reference number" I presume this is the same as 'PAYE Reference' in the payslip? it's not always on the payslip. Ask your HR department to be sure.

Post by **alterhase58** » Tue Nov 21, 2023 5:38 pm

Just one point on previous applications, visitor visas don't need to be mentioned. If you don't have all the details write down N/A, it's no a deal breaker, UKVI ask because their records may not be complete.
It's the employer's PAYE Ref which is normally quoted on the P60 format xx/yyy.

bookerw100 · Post by **bookerw100** » Thu Nov 23, 2023 11:32 am

Thanks.

The application asks for "Proof of living in the UK for applicant for 5 years if applying in your own right or 3 years if applying as the spouse of a British Citizen"

So one has to scan all the pages with entry/exit stamps - also blank pages?

Post by **contorted_svy** » Thu Nov 23, 2023 12:03 pm

Yes - all pages.

Post by **AmazonianX** » Thu Nov 23, 2023 1:46 pm

bookerw100 wrote: ↑
Thu Nov 23, 2023 11:32 am
Thanks.

The application asks for "Proof of living in the UK for applicant for 5 years if applying in your own right or 3 years if applying as the spouse of a British Citizen"

So one has to scan all the pages with entry/exit stamps - also blank pages? Cost nothing to scan all and include/upload.

bookerw100 · Post by **bookerw100** » Fri Nov 24, 2023 11:22 am

Thanks, the applicant recently got a new passport last month - do they have to scan over all the blank pages in this passport as well even though it has not been used to travel abroad?

Post by **Ticktack** » Fri Nov 24, 2023 12:47 pm

bookerw100 wrote: ↑
Fri Nov 24, 2023 11:22 am
Thanks, the applicant recently got a new passport last month - do they have to scan over all the blank pages in this passport as well even though it has not been used to travel abroad?

The applicant needs to scan the old and the new. Old to show travel history in the last 5 years, new to show what the current passport details are.

Post by **contorted_svy** » Fri Nov 24, 2023 4:16 pm

bookerw100 wrote: ↑
Fri Nov 24, 2023 11:22 am
Thanks, the applicant recently got a new passport last month - do they have to scan over all the blank pages in this passport as well even though it has not been used to travel abroad?

Scan all pages of both passports, it costs you nothing and covers all bases.

bookerw100 · Post by **bookerw100** » Mon Nov 27, 2023 11:57 am

Thanks,

Wanted to just double check something - when applicant first came on spouse visa, their spouse was on ILR. Got naturalised 3 months after they came to the UK and subsequent extension and ILR were received as spouse of British citizen.
So when applicant now applies for BC, am guessing they come under "spouse of British" even though initially when they came they weren't spouse of BC. Just want to double check as they ask for 3 years of details as spouse of BC and 5 years if not. Its an obvious answer but just want to double check.

Post by **alterhase58** » Mon Nov 27, 2023 12:47 pm

bookerw100 wrote: ↑
Mon Nov 27, 2023 11:57 am
Thanks,

Wanted to just double check something - when applicant first came on spouse visa, their spouse was on ILR. Got naturalised 3 months after they came to the UK ??? and subsequent extension and ILR were received as spouse of British citizen.
So when applicant now applies for BC, am guessing they come under "spouse of British" even though initially when they came they weren't spouse of BC. Just want to double check as they ask for 3 years of details as spouse of BC and 5 years if not. Its an obvious answer but just want to double check.

All that counts is was partner British on the day spouse received ILR.

bookerw100 · Post by **bookerw100** » Tue Dec 05, 2023 4:25 pm

Hi
does the "Declaratation for spouses" need to be signed and uploaded similar to ILR? It hasn't been asked for.

Post by **alterhase58** » Tue Dec 05, 2023 6:25 pm

bookerw100 wrote: ↑
Tue Dec 05, 2023 4:25 pm
Hi
does the "Declaratation for spouses" need to be signed and uploaded similar to ILR? It hasn't been asked for.

No.

ILR is immigration, BC is not , it's nationalty, separate processes.

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SET(M) ILR to Naturalisation Query

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